On April 26, 2020, Governor Cuomo broadly described New York’s plan to reopen the state beginning on May 15. Like many other states, New York plans to reopen in phases and by region as certain benchmarks are satisfied. Construction is included in the list of businesses that are eligible to reopen in the first phase.

In line with the CDC’s recommendations, once a New York region has a 14-day decline in hospitalizations, it can enter the first phase of reopening. The first phase of reopening is limited to “construction and manufacturing functions with low risk.” This phase will last two weeks to monitor potential increases in hospitalizations before moving on to the second phase of reopening that includes reopening unspecified industries “based on priority and risk level.”

Though current guidance for the construction industry is sparse, it is expected that more detailed guidance will emerge in the days approaching May 15. This alert will be supplemented with additional information as it becomes available. For strategies on responding to and documenting impacts from these government actions and COVID-19 in general, please refer to our previous client alert, COVID-19 Strategies for the Construction Industry. Additionally, visit Cozen O’Connor’s COVID-19 website for new updates.